LAM (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant, LAM. The dispute arose because the applicant was no longer enrolled in a registered course of study, which constituted a breach of a visa condition.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether to exercise its discretion to cancel the visa. The specific ground for cancellation was the applicant's failure to comply with condition 8202(2)(a) of his visa, which mandated enrolment in a registered course.

The Tribunal found that the applicant had indeed ceased to be enrolled in a registered course on 18 March 2016, a fact not disputed by the applicant. Consequently, the ground for cancellation was established. In considering the exercise of discretion, the Tribunal had regard to the applicant's submissions, including the death of a close relative in China, his struggles with studies, his employment in breach of visa conditions, and his financial difficulties. Despite these mitigating circumstances, the Tribunal concluded that the visa should be cancelled, affirming the delegate's decision.